Sentencing, Plea Bargains Forced to Take a Plea Seeking Appeal

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kdlane47

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I am writing this for my fiance who is serving time in the Minnesota State Prison for being falsely accused of domestic abuse. Based on the facts and evidence that I will attach I would like to know what his chances are of getting the sentance dropped and if we have a lawsuit against Ramsey County. Here's what happened.
My fiance ("RH") dated this girl ("DW") for 2 months starting in Nov. 07. She got extremely attached and wanted him to leave his two young children and move in with her and her child. He said absolutely not and proceeded to end the relationship in January '08. On the 18th of that month she went to his childs mother's ("SS") house and carved the words, "Bitch, RH is Mine and I will kill you if you get in my way" on her apartment door with a knife. A police report was filed. 2 days later DW's tires were slashed. She accused RH of the act but the charges were dropped due to lack of proof. DW then returned to SS's house and threatened her with a knife. SS called the police and they removed DW from the property. She then shows up at SS job and was escorted off the premisis by the police. During this time RH has changed his phone #. A month later DW shows up at his practice and tries to fight SS again but RH makes SS leave and returns to practice inside the building. A few minutes the police came and arrested RH for probable cause. After 2 days they checked the camera and saw that he was innocent and dropped the charges but still served him with a No Contact order. A month goes by and she supposedly dropped the NC order. Around April of '08 when she realized he was not going back to her she told him that she was going to have him put away. If she couldn't be with him no one could. She proceeded to do just so. This is the second time she has manipulated the system to her advantage. In the process of setting him up she forwared all the voicemails from the DA to his phone so he would know she was serious. We have a copy of all the false reports, text msgs and voicemails.
She stayed on top of the DA to make sure they followed through on the charges, even after they lost the paperwork. They knew they didn't have a case but they assured her that they would stack so many charges against him in hopes that he would plead to one of them. (see transcribed voicemail below). When they saw that he was going to take the case to trial the day before trial Ramsey County charged SS with tampering with a witness because she apparently talked to DM. The DA told RH that if he didn't plead to one of the charges they would arrest SS who was pregnant at the time. So he plead.
He is now serving 24 mos behind a crazy female. What is that going to do to his future? It's truly sad. If he would have had $ for an Attorney he wouldn't be in this mess. Does he stand a chance in front of a judge with a public defender? Can he sue Ramsey county if he's found innocent?

VoiceMail6 City Atty - Thurs Apr 17 @ 10:53am
Hi it's Sergeant Jones calling. I got your message and if somebody calls and tries to get it dismissed I've already spoken to you and I know what your thoughts are and how you feel about this and the cases have already been sent out so at this point even if somebody calls and says that they want to dismiss it we couldn't just dismiss it because the case has been presented to attorney so It's up to them. You spoke about Plesha? and told me that to send the case back and I did send it back and he had another attorney David Miller review it. David Miller decided to charge RH (name witheld) with assault 2, terroristic threats, possession of a firearm by a felon so he now I filed that this morning it was ready this morning so he now has a warrant based on those three felonies. So he's been charged with those. The assault 2 is pretty weak and the possession of a pistol because we never actually recovered the gun it's going to be pretty weak too. But we charged him with all and were hoping he'll plead to one of them. So if you have any questions give me a call. 66 5746 and I'll also around tomorrow which is Friday. Bye.
 
There is nothing wrong with the state stacking charges in hopes that he will plea to one of them. Further, no one "forced" him to either violate the restraining order (which he did) or plea to any charge (which he did). He simply has no case. He is going to do his time, and get out. When he does he needs to get out of the soap opera. As for the one girl friend, if she even looked in my direction I would call the police and keep calling them until it stopped. As for the ex-wife, restraining orders aren't "dropped" by anyone except for a JUDGE. Lesson learned.

Sorry to not be sympathetic, but he isn't going to get out by suing the state.
 
You can simply withdraw your notice of appeal. I'm sorry man. I know what you are going through. I really do.
 
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